Overview
Louisiana's security deposit laws are governed by La. Rev. Stat. § 9:3251 et seq. While the state does not cap the amount a landlord may charge, it does provide clear rules for handling, deducting from, and returning security deposits. Louisiana follows the Civil Code tradition, which may differ from common law states in how lease and deposit disputes are resolved.
This guide covers everything landlords and tenants need to know about security deposits in Louisiana.
Deposit Limits
Louisiana does not impose a statutory limit on the amount a landlord may charge as a security deposit. Landlords are free to set the deposit at any amount they choose.
Practical Considerations
While there is no legal cap, most Louisiana landlords typically charge:
- 1 to 2 months' rent for unfurnished units
- 2 to 3 months' rent for furnished units
There is no requirement for the deposit to be held in a separate or interest-bearing account.
Allowable Deductions
Landlords may deduct from the security deposit for the following reasons:
- Unpaid rent: Any rent owed at the time of move-out
- Damage beyond normal wear and tear: Repairs for tenant-caused damage that exceeds ordinary wear
- Cleaning: Costs to restore the unit to the same level of cleanliness as at move-in
- Other lease obligations: Costs arising from breaches of the lease agreement
What Constitutes Normal Wear and Tear?
Normal wear and tear includes:
- Minor scuffs on walls
- Small nail holes from hanging pictures
- Worn carpet from regular use
- Faded paint due to sunlight
Damage beyond normal wear and tear includes:
- Large holes in walls
- Stained or burned carpet
- Broken windows or fixtures
- Damage caused by pets or negligence
Return Timeline
Landlords must return the security deposit within 30 days of the tenant vacating the unit or the termination of the lease, whichever occurs later. The return must include:
- The remaining deposit amount (if any deductions were made)
- An itemized written statement listing each deduction and the amount
If the landlord fails to return the deposit or provide an itemized statement within 30 days, the tenant may be entitled to recover the full deposit amount plus damages up to twice the amount wrongfully withheld, as well as reasonable attorney's fees.
Pre-Move-Out Inspection
Louisiana law does not require landlords to offer a pre-move-out inspection. However, conducting a walk-through inspection at move-out is recommended for both parties to document the condition of the unit and reduce the likelihood of disputes.
Tenants are encouraged to:
- Document the condition of the unit with photos at move-in and move-out
- Request a walk-through with the landlord before turning over the keys
- Keep copies of all communication regarding the deposit
Dispute Resolution
If a tenant believes their deposit was wrongfully withheld, they can:
- Send a demand letter to the landlord requesting the return of the deposit with an itemized explanation
- File a claim in Small Claims Court (City Court or Justice of the Peace Court for amounts up to $5,000)
- Consult with a local legal aid organization for assistance with the claim
If the landlord acts in bad faith by failing to return the deposit or provide the required itemized statement, the court may award the tenant up to twice the amount wrongfully withheld plus reasonable attorney's fees.